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TRANSAMERICA LEASING v. COMPANIA ANONIMA

No. 95-15625.

93 F.3d 675 (1996)

TRANSAMERICA LEASING, INC.; Triton Container International, Ltd., Plaintiffs, and Elizabeth Robertson, Appellant, v. COMPANIA ANONIMA VENEZOLANA DE NAVEGACION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1996.

Attorney(s) appearing for the Case

Philip Isaac, Carlsmith, Ball, Wichman, Murray, Case, Mukai & Ichiki, Agana, Guam, for plaintiff Transamerica Leasing, Inc.

Elizabeth Robertson, Klemm, Blair, Sterling & Johnson, Agana, Guam, for plaintiff Triton Container International Limited.

William J. Blair, Klemm, Blair, Sterling & Johnson, Agana, Guam, for appellant Elizabeth Robertson.

Jean Melancon, McCully, Lannen, Beggs & Melancon, Maite, Guam, for the defendant-appellee.

Before: SNEED, JOHN T. NOONAN, Jr. and THOMPSON, Circuit Judges.

The district court ruled that in failing to cite an unpublished decision of the Ninth Circuit denying a petition for writ of mandamus in Triton's motion to the court to reconsider its transfer order Triton's counsel violated Rule 3.3(a)(3) of the ABA Model Rules of Professional Conduct. Rule 3.3(a)(3) prohibits an attorney from knowingly failing to disclose controlling authority directly adverse to the position advocated. The rule...

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